Appeal No. 1997-3813
Application No. 08/371,205
sintering of the granules at a temperature in the
range from 900E to 1400E C. [Col. 3, ll. 13-27.]
As pointed out by the appellants (appeal brief, page 11),
Takata does not describe the average particle size of the
crystalline particles which compose the calcined and sintered
granules. Despite the lack of any teaching in Takata as to
the average particle size of the crystalline particles in the
calcined and sintered granules, the examiner argues that the
appellants’ claimed range for the average size of the
crystalline particles overlaps with the range for the average
size of the powdery hydroxyapatite starting material as
described in the applied prior art reference at column 3, line
18. (Examiner’s answer, page 6.) But the examiner has not
pointed to any evidence that would indicate that this overlap
would necessarily entail an identity in, or an overlap between
the range of average particle sizes for the crystalline
particles in the calcined and sintered product as described in
Takata and the appellants’ claimed range of average sizes for
the crystalline particles that make up the granules. Even if
we assume that such is the case, the examiner has not
established by way of any evidence that the crystalline
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